Cranford v. Carver

Whitman, Judge.

The defendant-appellants’ motion to dismiss the plaintiff’s complaint on the ground that the complaint involved the identical .claim and identical parties as a prior action, which prior action was ordered dismissed with prejudice on defendants’ motion for plaintiff’s failure to prosecute, should have been granted.

The Civil Practice Act provides: "For failure of the plaintiff to prosecute ... a defendant may move for dismissal of an action or of any claim against him . . . Unless the court in its order of dismissal otherwise specifies, a dismissal under this subdivi sion . . .…